§ Mr. Parryasked the Secretary of State for Foreign and Commonwealth Affairs what areas of the New Territories are devoted to military use, stating in each case the location, purpose, area involved the nature of the lease held and amount of rent paid.
§ Mr. Luard46 areas of the New Territories are devoted to military use. I regret that the remainder of the information requested is not yet available. I will arrange for it to be sent to my hon. Friend as soon as possible.
§ Mr. Parryasked the Secretary of State for Foreign and Commonwealth Affairs on what grounds the Heung Yee Kuk's proposals for creating a New Territories Administration Committee in Hong Kong have been rejected; and whether discussion of these proposals has taken 74W place between the Hong Kong Government and the Heung Yee Kuk.
§ Mr. LuardThe Heung Yee Kuk's proposals for an administrative council for the New Territories were rejected on the grounds that a separate administration for the New Territories would be a wasteful and retrograde step in view of the continuing integration of the New Territories with the economic and social life of Hong Kong. The proposals have been discussed both formally by correspondence and informally between the Hong Kong Government Secretary for New Territories and the Heung Yee Kuk.
§ Mr. Parryasked the Secretary of State for Foreign and Commonwealth Affairs if he will publish in the Official Report the amount of compensation paid to New Territories residents in Hong Kong arising from military activity in each of the past five years in the following categories: discharge of arms and ammunition, damage to property, livestock and crops, personal injury and alteration of Fung Shui and other causes.
§ Mr. LuardThe Hong Kong Government maintain records of compensation payments relating only to Hong Kong as a whole. However, it is estimated that compensation payments to residents of the New Territories are as follows:
(a) Payments in respect of traffic accidents, including those which resulted in personal injury, of which approximately 50 per cent. involved New Territories' residents:
£ 1972–73 … … 12,470 1973–74 … … 6,360 1974–75 … … 17,060 1975–76 … … 13,156 1976–77 (to date) … … 33,040 (b) Payments in respect of damage to property, livestock and crops arising from training and manoeuvres, including the discharge of arms and ammunition 100 per cent. involved New Territories' residents:
£ 1972–73 … … 5,811 1973–74 … … 7,792 1974–75 … … 4,650 1975–76 … … 1,470 1976–77 (to date) … … 1,112 (c) Payments in respect of other matters, including personal injury, of 75W which approximately 90 per cent. involved New Territories' residents:
£ 1972–73 … … 184 1973–74 … … 1,785 1974–75 … … 2,180 1975–76 … … 595 1976–77 (to date) … … 9,620 (d) There is no record of any payment having been made in respect of alteration of Fung Shui arising from military activity.
§ Mr. Parryasked the Secretary of State for Foreign and Commonwealth Affairs if legal aid is available to residents of the New Territories, Hong Kong, who wish to claim compensation for damage, loss or injury arising from military activities.
§ Mr. LuardLegal aid is available under the provisions of Hong Kong's Legal Aid Ordinance to Persons (a) whose disposable does not exceed $HK700 per month and whose disposal capital does not exceed $HK4,000; and (b) who, in the opinion of the Hong Kong Government's Director of Legal Aid, have valid grounds for instituting proceedings.
The majority of claims are presented initially to district officers of the New Territories' administration who advise claimants of the procedures to be followed. Only in complex cases, and especially in those dealing with personal injury, is recourse to litigation necessary. It should, however, be noted that, save in exceptional circumstances, the Crown cannot be sued.
§ Mr. Parryasked the Secretary of State for Foreign and Commonwealth Affairs what machinery is used in the settling of legal claims for compensation for damage, loss or injury to residents of the New Territories, Hong Kong, arising from military activities; and if he is satisfied with the present situation.
§ Mr. LuardAll claims, whether originally submitted to the Hong Kong Government's New Territories' administration or to military units, are passed to the Area Claims Officer of the Claims Commission, Ministry of Defence, who is attached to the Headquarters, British Forces, Hong Kong.
The Area Claims Officer is responsible for assessing equitable compensation for 76W damage, loss or injury in cases where liability can be accepted by the Ministry of Defence. In the majority of cases which do not present exceptional difficulties the officer is able to arrange prompt payment. Where liability is disputed or where the assessment of compensation is complex, the Area Claims Officer is assisted by the local agent of Her Majesty's Treasury Solicitors. Where the compensation assessed is beyond his delegated financial powers, the Area Claims Officer obtains approval for payment from the Claims Commission, Ministry of Defence.
The present procedures provide for proper examination of claims without resulting in unnecessary delays in settlement and I consider that they are satisfactory.
§ Mr. Parryasked the Secretary of State for Foreign and Commonwealth Affairs if he or the Minister of State will meet a small delegation from the Heung Yee Kuk who will be visiting the United Kingdom in March to discuss the question of land compensation in the New Territories, Hong Kong, and other related matters.
§ Mr. LuardMy right hon. and noble Friend the Minister of State, Foreign and Commonwealth Office would, I know, be prepared to consider meeting a delegation from the Heung Yee Kuk if it were to ask him to do so.
§ Mr. Parryasked the Secretary of State for Foreign and Commonwealth Affairs what representations the Heung Yee Kuk has made to the Hong Kong Government regarding increases in rents, premiums, rates and other fees in the New Territories; and what action has been taken in respect of such representations.
§ Mr. LuardRegular discussions are held between Hong Kong Government's Secretary for the New Territories and the Heung Yee Kuk on all matters relating to the New Territories. The position on the particular matters raised by my hon. Friend is as follows:
(a) The most recent petition from the Kuk on the general question of rates was in August 1974. I understand that the discussions that followed resulted in the 77W Kuk's acceptance of the principles of rating in the New Territories;
(b) In April 1976 the Kuk wrote to the Secretary for the New Territories on the subject of incrases in restaurant and other food licence fees. A meeting was held in May 1976 at which the need for the fee increases was explained and discussed;
(c) Discussion of the question of premia for land exchange entitlements resulted in modifications to premium rates in respect of land exchanges.
§ Mr. Parryasked the Secretary of State for Foreign and Commonwealth Affairs if the Hong Kong Government are involved, whether by loans, guarantees or provision of land, in any scheme in the New Territories of Hong Kong that is amortised or due for completion after the expiry of the lease in 1997.
§ Mr. Parryasked the Secretary of State for Foreign and Commonwealth Affairs whether any agency of the Hong Kong Government has been responsible for the recruitment of Hong Kong Chinese labour for work in the Ocean and Nauru Islands or oilfields in Brunei; how many persons have been recruited under these schemes; and if this process is still in operation.
§ Mr. LuardNo agency of the Hong Kong Government is responsible for the recruitment of Hong Kong labour for work in the Ocean and Nauru Islands or in Brunei. Recruitment for Brunei and Ocean Island is handled by private agencies in Hong Kong and for Nauru by the Nauru Consulate in Hong Kong. The Labour Department of the Hong Kong Government is responsible for administering the contracts under the Hong Kong's Overseas Employment Ordinance, which protects the rights and interests of manual workers proceeding overseas for employment under contracts of employment entered into in Hong Kong, and all such contracts have to be attested by the Commissioner for Labour.